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| MPs call for new gang-murder law | MPs call for new gang-murder law |
| (about 1 hour later) | |
| A new, less complex law on gang-related killings is needed to ensure justice for victims and defendants, MPs say. | A new, less complex law on gang-related killings is needed to ensure justice for victims and defendants, MPs say. |
| But until changes can be made prosecutors urgently need guidance on so-called joint enterprise cases, the Commons Justice Select Committee says. | But until changes can be made prosecutors urgently need guidance on so-called joint enterprise cases, the Commons Justice Select Committee says. |
| The current law of joint enterprise allows courts in England and Wales to impose life terms on people even if they took no direct part in an offence. | |
| The director of public prosecutions has agreed to produce new guidelines. | The director of public prosecutions has agreed to produce new guidelines. |
| The MPs' committee said the law surrounding gang murder cases was now so complex that juries "may find it impossible to understand how to reach the right verdict". | The MPs' committee said the law surrounding gang murder cases was now so complex that juries "may find it impossible to understand how to reach the right verdict". |
| Its report said ultimately a new law was needed to ensure justice and end the high number of appeals against convictions. | Its report said ultimately a new law was needed to ensure justice and end the high number of appeals against convictions. |
| But prosecutors should urgently be given new guidance in joint enterprise cases, particularly those involving gang-related killings, it said, to help clarify the situation before a new law can be brought in. | But prosecutors should urgently be given new guidance in joint enterprise cases, particularly those involving gang-related killings, it said, to help clarify the situation before a new law can be brought in. |
| The legal principle of joint enterprise means that anyone who agrees to commit a crime with another person becomes liable for everything that person does during the offence. | The legal principle of joint enterprise means that anyone who agrees to commit a crime with another person becomes liable for everything that person does during the offence. |
| 'Clear and unforgiving' | 'Clear and unforgiving' |
| In December, five teenagers were given sentences of detention for killing 15-year-old Zac Olumegbon, who was stabbed to death as he arrived at school in West Norwood, south London, in July 2010. | In December, five teenagers were given sentences of detention for killing 15-year-old Zac Olumegbon, who was stabbed to death as he arrived at school in West Norwood, south London, in July 2010. |
| Speaking after the case, Det Ch Insp John McFarlane said: "This case must act as a deterrent to other young people who think they will not be prosecuted or go to prison just because they did not deliver the fatal blow. | Speaking after the case, Det Ch Insp John McFarlane said: "This case must act as a deterrent to other young people who think they will not be prosecuted or go to prison just because they did not deliver the fatal blow. |
| "The law on joint enterprise is clear and unforgiving - if you are with the knifeman in a murder case you too could be found guilty and sent to prison." | "The law on joint enterprise is clear and unforgiving - if you are with the knifeman in a murder case you too could be found guilty and sent to prison." |
| Sir Alan Beith, the justice committee's chairman, said: "This area of law is vital to ensuring the prosecution and conviction of criminals involved in gang-related violence in particular, but is now so complex that juries may find it impossible to understand how to reach the right verdict." | Sir Alan Beith, the justice committee's chairman, said: "This area of law is vital to ensuring the prosecution and conviction of criminals involved in gang-related violence in particular, but is now so complex that juries may find it impossible to understand how to reach the right verdict." |
| He said that while joint enterprise could help deter young people from becoming involved in gangs, "confusion over the law and how it works can put vital witnesses in fear of coming forward, allowing the real criminals to escape justice". | He said that while joint enterprise could help deter young people from becoming involved in gangs, "confusion over the law and how it works can put vital witnesses in fear of coming forward, allowing the real criminals to escape justice". |
| 'Evidence of involvement' | 'Evidence of involvement' |
| The committee called on Director of Public Prosecutions Keir Starmer QC to issue urgent guidance setting out "the proper threshold at which association potentially becomes evidence of involvement in crime". | The committee called on Director of Public Prosecutions Keir Starmer QC to issue urgent guidance setting out "the proper threshold at which association potentially becomes evidence of involvement in crime". |
| It said: "Such guidance should deal specifically with murder, although we acknowledge such guidance will not assuage the concerns of some of our witnesses." | It said: "Such guidance should deal specifically with murder, although we acknowledge such guidance will not assuage the concerns of some of our witnesses." |
| The current lack of clarity was "unacceptable", it added. | The current lack of clarity was "unacceptable", it added. |
| It comes after the most senior judge in England and Wales expressed concerns over joint enterprise prosecutions last month. | It comes after the most senior judge in England and Wales expressed concerns over joint enterprise prosecutions last month. |
| The Lord Chief Justice Lord Judge said: "It's particularly difficult and troublesome when more than one person is said to be involved, a joint enterprise murder. | The Lord Chief Justice Lord Judge said: "It's particularly difficult and troublesome when more than one person is said to be involved, a joint enterprise murder. |
| "It is one thing to be party to punching somebody, quite another to be party to using a potentially lethal weapon on them." | "It is one thing to be party to punching somebody, quite another to be party to using a potentially lethal weapon on them." |
| Mr Starmer has agreed to produce the guidelines called for by MPs. | Mr Starmer has agreed to produce the guidelines called for by MPs. |
| "This exercise will be done through consultation, with interested parties, on draft guidance in due course, and as with all CPS guidance it will be kept under review," he said. | "This exercise will be done through consultation, with interested parties, on draft guidance in due course, and as with all CPS guidance it will be kept under review," he said. |
| "The CPS will also now consult with the Ministry of Justice on the best way forward for collating statistics around cases involving joint enterprise." | "The CPS will also now consult with the Ministry of Justice on the best way forward for collating statistics around cases involving joint enterprise." |